S.Amdt. 34

SA 34. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5 proposed by Mr. McConnell (for Mr. Shelby) to the bill
H.R. 268, making supplemental appropriations for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. 120. RULE OF CONSTRUCTION.

Sections 101 through 104 of Division L shall have no
effect.

SEC. 121. SHORT TITLE.

This division may be cited as the ``Central American
Nationals Protection Act of 2019''.

SEC. 122. PURPOSE.

The purpose of this division is to establish an asylum
processing program outside of the United States that--
(1) provides an alternative method of seeking protection in
the United States from persecution for nationals of El
Salvador, of Guatemala, and of Honduras; and
(2) reduces the incentive for such persons to make the
dangerous journey to the United States southern border to
request asylum.

SEC. 123. ADMISSION OF ELIGIBLE CENTRAL AMERICAN ALIENS AS
ASYLEES.

(a) Applications.--Section 208(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at
the end the following:
``(F) Authority for certain central american nationals to
apply for asylum.--
``(i) In general.--Notwithstanding any other provision of
law, including paragraph (1), and except as provided in
clause (ii), a national of El Salvador, Guatemala, or
Honduras who is outside of the United States as of the date
of the enactment of the Central American Nationals Protection
Act of 2019 shall be ineligible for asylum unless--

``(I) the alien submits an application for asylum outside
of the United States at a Designated Application Processing
Center in Central America;
``(II) the United Nations High Commissioner for Refugees or
a nongovernmental organization designated by the Secretary of
Homeland Security has referred the alien to the Secretary of
Homeland Security after determining that the alien is likely
to be eligible for asylum;
``(III) not later than 90 days after the date on which the
alien was referred by the United Nations High Commissioner
for Refugees or the designated nongovernmental organization
under subclause (II), the alien submits an application for
asylum at a Designated Application Processing Center, in
accordance with the requirements and procedures established
by the Secretary of Homeland Security pursuant to this
section;
``(IV) the alien has not been convicted of a Federal,
State, or local criminal offense (excluding a State or local
offense for which an essential element was the immigration
status of the alien) punishable by imprisonment for a term
exceeding 1 year or a similar foreign offense;
``(V) the alien has not been removed from the United
States;
``(VI) the alien is not subject to an outstanding final
order of removal;
``(VII) the Secretary of Homeland Security has determined
that the alien is not a public safety or national security
risk;
``(VIII) the alien has not had an application for asylum
denied;
``(IX) if the alien is younger than 18 years of age on the
date on which the asylum application is filed, the alien has
a qualified parent or guardian in the United States capable
of taking custody and care of the minor upon arrival in the
United States; and
``(X) the alien is otherwise eligible to apply for and
receive asylum under subsections (a)(2) and (b)(2).

``(ii) Exception.--Notwithstanding clause (i), paragraph
(1) shall apply to a national of El Salvador, of Guatemala,
or of Honduras if the alien is present in the United States
before the date of the enactment of the Central American
Nationals Protection Act of 2019.
``(iii) Time limit.--The time limit under subparagraph (B)
shall not apply to nationals of El Salvador, of Guatemala, or
of Honduras who are described in clause (i).''.
(b) Eligibility.--Section 208(b) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Eligibility of certain central american nationals for
asylum.--
``(i) In general.--The Secretary of Homeland Security may
grant asylum to a national of El Salvador, of Guatemala, or
of Honduras who submits an application under subsection
(a)(2)(F)(i)(I) if--

``(I) the alien is otherwise eligible for asylum under
subparagraph (A), except that the alien does not need to be
outside of his or her country of nationality;
``(II) the alien did not unlawfully enter the United States
after submitting an application under subsection
(a)(2)(F)(i)(I);
``(III) a grant of asylum to the alien would not cause the
number of asylum grants in a fiscal year to exceed the number
set forth in clause (iii)(II); and
``(IV) the Secretary of Homeland Security determines that--

``(aa) the alien warrants a grant of asylum; and
``(bb) such grant is consistent with the national interest.
``(ii) Designated application processing centers.--

``(I) Establishment.--Not later than 240 days after the
date of the enactment of the Central American Nationals
Protection Act of 2019, the Secretary of State shall
establish Designated Application Processing Centers, with the
consent of the country in which such centers will be located,
if necessary.
``(II) Locations.--

``(aa) In general.--The Secretary of State shall ensure
that not fewer than 1 Designated Application Processing
Center is established in each of the following countries:
``(AA) Belize.
``(BB) Costa Rica.
``(CC) El Salvador.
``(DD) Guatemala.
``(EE) Honduras.
``(FF) Mexico.
``(GG) Nicaragua.
``(HH) Panama.
``(bb) Selection.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall select the
location of each Designated Application Processing Center
described in item (aa).

[[Page S617]]

``(III) Duties of the secretary of state.--The Secretary of
State shall ensure that any national of El Salvador,
Guatemala, or Honduras is permitted--

``(aa) to apply to a Designated Application Processing
Center for asylum under this subparagraph; and
``(bb) if the alien applying for asylum is an unaccompanied
alien child (as defined in section 462(g)(2) of the Homeland
Security Act of 2002), to have legal counsel present at any
interview at no expense to the United States Government.

``(IV) Adjudication by asylum or refugee officers.--
Applications submitted to a Designated Application Processing
Center under this subparagraph shall be adjudicated by asylum
or refugee officers.

``(iii) Maximum number of referrals and grants of asylum.--

``(I) Referrals.--The number of aliens whom the Secretary
of Homeland Security may accept for processing under this
subparagraph may not exceed 50,000 in any fiscal year.
``(II) Asylum grants.--The Secretary of Homeland Security
may not grant asylum to more than 15,000 aliens under this
subparagraph in any fiscal year.

``(iv) No judicial review.--Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, no court or immigration judge shall have jurisdiction
to review a determination of the Secretary of Homeland
Security under clause (i).''; and
(2) in paragraph (3), by striking subparagraph (C).

SEC. 124. APPLICATION FEES.

(a) In General.--The Secretary of Homeland Security shall--
(1) collect a fee from each alien submitting an application
under section 208(a)(2)(F)(i)(I) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)(2)(F)(i)(I)) for the
purpose of receiving, docketing, processing, and adjudicating
such application; and
(2) shall deposit all fees collected under paragraph (1)
into the Immigration Examinations Fee Account under section
286(m) of such Act (8 U.S.C. 1356(m)).
(b) Amount.--The fee required under subsection (a) shall be
based upon--
(1) a consideration of the amount necessary to deter
frivolous applications; and
(2) the cost of processing the application.
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